Fishers sports complex hits a snag

How the SEQR process works— If a project is found not to have significant adverse environmental impacts, a determination of non significance (Negative Declaration) is prepared. — If a project i...

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How the SEQR process works

— If a project is found not to have significant adverse environmental impacts, a determination of non significance (Negative Declaration) is prepared. — If a project is found to have potentially significant adverse environmental impacts, an Environmental Impact Statement (EIS) is required. — The EIS examines ways to avoid or reduce adverse environmental impacts related to the project. It includes an analysis of all reasonable solutions, or mitigations, to those impacts.

By Melody Burri

melody@messengerpostmedia.com

VICTOR — Planning Board members Tuesday made a decision they said was "against practical instincts" but was the best option for the town, the environment and future developers. It essentially puts temporary brakes on the construction of a project town officials would very much like to see happen.

At an Oct. 22 meeting Planning Board members determined that a new 94-acre, 109,000-square-foot sports complex in Fishers — Pinnacle Athletic Campus — "has the potential for at least one significant adverse environmental impact," and issued a "positive impact declaration."

It needed a "negative impact declaration" to move ahead.

Town Engineer Wes Pettee of LaBella Associates in Rochester said the decision "hinged upon three elements that the town feels need to be further addressed." These include the impact the project will have on traffic, on the town’s aging sanitary sewer system and on wet areas and water quality on the project parcel.

About the complex

The proposed campus, initially unveiled before the Town Board in May 2012, consists of an indoor sports facility, commercial office buildings, two hotels, three medical buildings, and several outdoor athletic fields. The site is located on the south side of Main Street Fishers (Route 42) and the west side of Phillips Road.

Phase 1 of the project includes the indoor sports facility and office building on approximately 20 acres.

Pinnacle received a cool welcome from adjacent residents who opposed its size, scale and the traffic they said it would cause.

Town Attorney John Wilson of Rochester-based Boylan Code said the positive impact declaration was problematic in part because Ludwig had already worked hard to resolve issues.

"But," he said, "it’s difficult to conclude with competence that this project, when fully built, will not have an adverse impact given the limitation of the sewer system and transportation challenges."

What they found

The Planning Board found that Phase 1 of the project would have little impact on local traffic, but when completed, would result in longer delays and failing levels of service at the Route 96 and Main Street Fishers intersection in particular.

The parcel’s proximity to an adjacent landfill did not present concerns or risks for contamination or exposure to methane gas, and did not pose a health or safety risk to facility patrons, according to Planning Board members.

Members did, however, voice reservations about the strain each phase of the project would put on the sewer system, and specifically pump station 27 at Phillips Road, which "is obsolete and the electrical is not up to current NYS Electrical Codes."

"We can ‘what if’ ourselves into a corner," said Ludwig to Planning Board members. "We all know that Victor has traffic and sewer issues. My fear is we’re going to be here a year from now without having anything resolved. I believe in my heart of hearts that you want this to happen. But we have more questions than answers."

Page 2 of 2 - Board Chair Joe Logan expressed the town’s support of the project.

"We really want it to happen. We’re trying to recognize that there’s not going to be a definitive solution that will mitigate the problem."

Ludwig said Phase 1 — the indoor sports facility — is the anchor, or centerpiece of the project. But the clock is ticking, he said, calling attention to a sports complex now going up in Walworth and another being considered for School Street in the village of Victor.

"There’s only so much time from the business perspective," he said. "it’s not a static environment and the risks are really high. I’m concerned that we’ll simply get stuck. My fear is we can talk ourselves into doing nothing, based on the ‘what ifs.’"

What’s next

According to Wilson, what comes next will be up to Ludwig. He’ll need to prepare a draft environmental impact statement (DESI) and present it to Planning Board members. If it’s accepted, a 30 day commenting period will begin so that other agencies may weigh in. There also may be a public hearing during that period. At the end of 30 days Ludwig will then have a final environmental impact statement (FEIS) drafted that takes into account all of the comments received. He’ll need to outline all the possible negative impacts along with solutions, or mitigations. There will be another 10 day waiting period, after which board members can make a final ruling.

At that time they may green light Phase 1, and possibly a limited version of Phase 2. The rest of the Pinnacle project may be put on hold until improvements can be made by the town or other agency, but they will most likely not be made by the developer.

"I do anticipate that the SEQR application will be adequate to approve Phase 1," said Wilson. "And I think the playing fields are going to get approved. But the other problems are going to act as restraints on the future phases."

The privately funded project is spearheaded by Jim Ludwig, president of North Coast Construction, and the property is owned by Mendon Ponds Development, LLC, DBA Genesee Sand and Gravel. The total cost of the project has yet to be finalized.

The property is currently vacant, and is the site of a sand and gravel mine with an active mining permit. It’s covered with field areas, brush land and some forested area. A former landfill is located to the south of the parcel.